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Intellectual Property

Apr 2022

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

Grayson Clary, Gillian Vernick and Gabe Rottman

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Mar 2022

Ninth Circuit’s Dark Horse Opinion Clarifies What Music Is Not Protected by Copyright

Vincent H. Chieffo, Julianna M. Simon, and David H. Marenberg

After almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.

Jan 2022

Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy Ring

Caesar Kalinowski IV, Liz McNamara, and John Goldmark

The Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.

Oct 2021

The Copyright Small Claims Court

Michael Lambert

The copyright small claims court, designed to provide copyright claimants a quicker and less expensive way to enforce their rights, will hear limited types of copyright claims, counterclaims, and defenses.

Oct 2021

Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook

Dori Hanswirth, Michael E. Kientzle, and Rachel Carpman

The Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.

Sep 2021

Home Renovation Showdown: Summary Judgment for Discovery in Actress’s Copyright Claim

Daniel Kaufmann and Austin M. Hagood

This opinion is significant among Eleventh Circuit case law because it discusses in detail the issues of access, substantial similarity, and independent creation despite finding that each issue separately afforded grounds for summary judgment.

Aug 2021

The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions Looming

Kenneth P. Norwick

SDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.

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Aug 2021

Dr. Seuss / Star Trek Mashup Case Heads to Trial After Fair Use Roller Coaster Ride

Jeremy S. Goldman

Judge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books. 

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Jul 2021

District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright Case

David Aronoff, Michael Beylkin, and Joshua Bornstein

The decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.

May 2021

Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped Back

Brian D. Wassom

This lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.